what is the key different between expressed and implied powers
The key difference between expressed and implied powers is that expressed powers are specifically written in the Constitution, while implied powers are not explicitly stated but are derived from the necessary and proper clause.
To understand this distinction, one must start by looking at the United States Constitution. Expressed powers, also known as enumerated powers, are explicitly mentioned in the text of the Constitution. These powers are granted to the federal government and are outlined in Article I, Section 8. Some examples of expressed powers include the ability to collect taxes, regulate interstate commerce, and declare war.
Implied powers, on the other hand, are not directly stated in the Constitution but are necessary to carry out the expressed powers. Implied powers are derived from the "necessary and proper" clause, also known as the elastic clause, which is found in Article I, Section 8, Clause 18. This clause grants Congress the authority to make laws necessary and proper for carrying out its expressed powers.
The key distinction is that expressed powers are explicitly listed in the Constitution, while implied powers are inferred from the necessary and proper clause. Expressed powers serve as the foundation for the federal government's authority, and implied powers are derived to ensure the effective exercise of those expressed powers. Together, these powers help shape the structure and functioning of the federal government.